Opinion
A24A1816
07-18-2024
ALBERT WILSON et al. v. CHATTAHOOCHEE RUN COMMUNITY ASSOCIATION, INC.
The Court of Appeals hereby passes the following order:
In this civil action, Chattahoochee Run Community Association, Inc. obtained a default judgment against Albert Wilson and Angela Wilson, and the Wilsons moved to set aside the judgment under OCGA § 9-11-60 (d) (3). The trial court denied the motion to set aside, and the Wilsons filed this appeal. We, however, lack jurisdiction.
An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga.App. 116, 116 (640 S.E.2d 688) (2006). The Wilsons' failure to file a discretionary application thus deprives this Court of jurisdiction over this appeal. Accordingly, the appellee's motion to dismiss is GRANTED, and this appeal is hereby DISMISSED.